Terms of Use

The following terms and conditions (the “Agreement”) govern all use of the www.americanballet.com website (the “Site”) and all use of the products and services that are marketed or otherwise mentioned on the Site (taken together with the Site, the “Service”). The Service is owned and operated by the Academy of American Ballet LLC, a California Limited Liability Company (“AAB”). The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by AAB. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE. AAB reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Certain services available at the Site may be subject to additional terms and conditions. To the extent such terms and conditions conflict with this Agreement, such additional terms and conditions shall control.

Access

Subject to the terms and conditions of this Agreement, the services provided in connection with the Service are solely for User’s personal use. AAB may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. AAB may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability.

User certifies to AAB that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.

Restrictions

As between the parties, AAB shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.

User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. AAB reserves the right to bar any such activity.

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any AAB server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.

User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.

User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or AAB’s systems or networks, or any systems or networks connected to the Service or to AAB.

User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement.

Terms of Sale

All products and services available at the Site and from AAB directly are subject to AAB’s Terms of Sale.

Registration; Security

As a condition to using certain products and services of the Service, User may be required to register with AAB and select a password and User name (“AAB User ID”). User shall provide AAB with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a AAB User ID a name of another person with the intent to impersonate that person; or (ii) use as a AAB User ID a name subject to any rights of a person other than User without appropriate authorization. AAB reserves the right to refuse registration of, or cancel a AAB User ID in its discretion. User shall be responsible for maintaining the confidentiality of User’s AAB password and other account information.

Content

User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by AAB at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by AAB in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of AAB.

Special Offers/Referrals

From time to time AAB may offer Users special offers for referring other Users to the Site and Service, as described on the Site. In order to participate in such special offers, a referring User (Referrer) must log in to their account on the Site, and receive a custom link for the special offer. User may forward the custom link to any number of individuals who are not presently registered users of the Site (“Referee”). A registered user is someone who already has an existing account with AAB. The limits to the number of Referrals that Referrer can make and the cumulative credits that the Referrer may receive through such special offer are as indicated on the Site. For each Referee that follows the custom link sent by the Referrer and registers on the Site for the Service, and then makes a qualifying purchase using that newly created account, AAB will automatically credit the Referrer’s account with the specific amount of that particular special offer. All Referees must be first-time recipients of the offer to join the Service, and multiple referrals to the same individual will be disregarded. AAB reserves the right to not issue to Referrer or Referee and reserves the right to revoke from Referrer and Referee the special offer at AAB’s discretion for any reason or for no reason whatsoever. Unless otherwise specified on the Site, all credits issued pursuant to such special offers, for both Referrer and Referee, shall automatically expire after 12 months if not used. In order to be eligible to receive special offers, AAB may require Referrer or Referee to have a valid credit card on file in Referrer or Referee account. If AAB determines that Referrer or Referee is attempting to obtain unfair advantage or otherwise violate the terms or spirit of such special offer, AAB reserves the right to (i) revoke any credits issued to either Referrer or Referee and/or (ii) charge the Referrer’s or Referee’s credit card for any credits used by Referrer or Referee prior to such revocation and for any credits issued by AAB to any ineligible Referrer or Referee. AAB reserves the right to modify or terminate any special offers at any time. All special offers are subject to any other terms, conditions and restrictions set forth on the Site or presented in connection with the special offer.

Indemnification

User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless AAB, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any aspect of the Service, or (iii) violation of this Agreement.

Warranty disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AAB MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS.

Limitation of liability

IN NO EVENT SHALL AAB, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, FOR USER’S WHO HAVE MADE PURCHASES FROM AAB, SUCH MONETARY CAP WILL BE THE AMOUNTS PAID BY USER TO AAB FOR THE PURCHASE DIRECTLY CONNECTED WITH THE LIABILITY CLAIM). IN ADDITION, AAB SHALL NOT BE LIABLE FOR ANY LOSS OR LIABILITY RESULTING, DIRECTLY OR INDIRECTLY, FROM USER’S INABILITY TO ACCESS OR OTHERWISE USE THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DELAYS OR INTERRUPTIONS DUE TO ELECTRONIC OR MECHANICAL EQUIPMENT FAILURES, DENIAL OF SERVICE ATTACKS, DATE DATA PROCESSING FAILURES, TELECOMMUNICATIONS OR INTERNET PROBLEMS OR UTILITY FAILURES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Third party website and products

The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under AAB’s control, and User acknowledges that AAB is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by AAB. User further acknowledges and agrees that AAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.

Termination

AAB may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice (which may be via email) thereof to User. Upon termination notice from AAB, User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.

Privacy

AAB’s current privacy policy is available on the Site at www.americanballet.com/misc/privacy (the “Privacy Policy”). AAB strongly recommends that you review the Privacy Policy closely.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of AAB or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of AAB and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of AAB or its software suppliers and protected by United States and international copyright laws.

Miscellaneous

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. AAB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AAB’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with AAB’s prior written consent. AAB may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind AAB in any respect whatsoever.